SB263

Existing law provides that a person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000 or both. (NRS 200.725) Section 2 of this bill expands this prohibition to include computer-generated child pornography. Section 2 also revises the applicable criminal penalties by: (1) providing that a person who is found guilty of a second or subsequent violation is guilty of a category A felony, punishable by imprisonment in the state prison for a minimum term of not less than 10 years and a maximum term of life with the possibility of parole; and (2) providing that a person who is found guilty of a violation of section 2 may not be convicted of a violation of section 3 of this bill for possessing the same material. Existing law provides that a person who knowingly and willfully has in his or her possession any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in, simulating or assisting others to engage in or simulate, sexual conduct is guilty of: (1) a category B felony for the first offense; and (2) a category A felony for any subsequent offense. (NRS 200.730) Sectio